Imitation Dairy Products Act

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Published: 2016-01-05

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Imitation Dairy Products Act

amended 1998, c. 8, s. 43size>

An Act Respecting
Imitation Dairy Products

Short title
1 This Act may be cited as the Imitation Dairy Products Act. R.S.,c. 216, s. 1.

2 In this Act,

(a) "dairy product" means milk, cream, butter, cheese,condensed milk, evaporated milk, milk powder, dry milk, icecream, malted milk, sherbet or any other product manufacturedwholly or mainly from milk;

(b) "imitation dairy product" means any food substance forhuman consumption that is an imitation of a dairy product, asubstitute for a dairy product or is represented to be for the sameuse as a dairy product and that is manufactured wholly or in partfrom any fat or oil other than that of milk and includes anyproduct intended for use as a dessert topping or as a coffeewhitener and such other products that are designated as imitationdairy products in the regulations, but does not include peanutbutter, or margarine as defined in the Margarine Act;

(c) "inspector" means an inspector appointed under this Act. R.S., c. 216, s. 2.

Restricted manufacture or sale
3 Subject to the regulations, no person shall manufacture, sell, offerfor sale or have in his possession for sale any imitation dairy product. R.S., c. 216, s. 3.

4 The Minister of Agriculture and Marketing may appoint inspectorsfor the purposes of this Act. R.S., c. 216, s. 4.

Powers of inspector
5 An inspector may at all reasonable times, for the purpose ofenforcing this Act or of ascertaining whether or not it is being compliedwith,

(a) enter and examine any place, premises, warehouse, factory,store, boat, ship, car, truck or vehicle that is being used for thestorage, manufacture, sale or carriage of an imitation dairy productor is believed by the inspector to be so used;

(b) require to be produced for inspection and make copies of orextracts from any books, shipping bills, bills of lading, records ofsale, manufacturing or shipping and other records or papersrelating to an imitation dairy product or believed by the inspectorto relate to an imitation dairy product;

(c) detain any imitation dairy product for the time necessary tocomplete an inspection and at the expense of the owner,manufacturer, wholesaler, retailer or transporter take samples of animitation dairy product whenever or wherever he considers itnecessary. R.S., c. 216, s. 5.

Obstruction of inspector prohibited
6 No person shall obstruct an inspector in the exercise of hisfunctions under this Act or refuse to produce any books, records orpapers for inspection by an inspector when the inspector so requires. R.S., c. 216, s. 6.

7 The Governor in Council may make regulations

(a) designating products as imitation dairy products;

(b) designating classes of imitation dairy products;

(c) permitting the manufacture and sale of an imitation dairyproduct or a class of imitation dairy products;

(d) repealed 1998, c. 8, s. 43.

(e) prescribing standards of quality for imitation dairy products;

(f) prescribing the records to be kept by manufacturers andsellers of any imitation dairy product;

(g) respecting any other matter necessary or advisable forcarrying out effectively the intent and purpose of this Act. R.S.,c. 216, s. 7; 1998, c. 8, s. 43.

Offence and penalty
8 Any person who violates any of the provisions of this Act or theregulations is guilty of an offence and is liable, on summary conviction,for a first offence to a penalty of not more than one hundred dollars andin default of payment to imprisonment for not more than thirty days, andfor a second or subsequent offence to a penalty of not less than fiftydollars nor more than five hundred dollars and in default of payment toimprisonment for not more than thirty days. R.S., c. 216, s. 8.